FALL RIVER, Mass. — A survivor of a deadly Fall River fire is suing the owner of Gabriel House, saying the assisted living facility did not have emergency procedures in place when the fire happened.
Resident Steven Oldrid alleges in his lawsuit against Gabriel Care Inc. that he was “trapped in his room, suffered smoke inhalation, respiratory distress, and loss of consciousness” during the July 13 blaze that killed 10 people.
This is the first lawsuit filed since the fatal fire. Officials on Monday identified the tenth victim to die from the fire.
The lawsuit, filed Monday in Bristol Superior Court, alleges that the facility “was not properly managed, staffed, maintained, or supervised” before the fatal fire.
“Residency rules were not enforced; and emergency response procedures were not in place,” the lawsuit states.
Oldrid, 69, of New Bedford, was a resident of Gabriel House for 3 years.
Attorney Robin Gouveia, who represents Oldrid, said the case boils down to negligence, especially around safety plans.
“They had rules that were not enforced. They had an evacuation plan that was completely ineffective, clearly,” Gouveia said.
“There was a sign on the back of his door that basically said, ‘In event of fire, close your door and stay in your room until somebody comes to get you,’” Gouveia said.
Oldrid is in the end stage of emphysema with COPD and is bound to a power chair, his attorney said.
Oldrid lived at the Gabriel House in a studio apartment. He was “in an already compromised physical condition” when the fire happened, the lawsuit states.
On the night of the fire, Gouveia said he was trapped on the third floor until fire fighters came to his rescue.
“As a direct and proximate result of the aforementioned negligence of the defendant Gabriel Care, Inc. and/or a person or persons for whom it is legally responsible, the plaintiff Steven Oldrid was caused to sustain serious injury,” the lawsuit alleges.
In a statement on Monday, a spokesperson for Gabriel House said the facility had quarterly inspects of its fire suppression system.
“Ensuring the safety of our residents has always been our paramount responsibility since our purchase of Gabriel House in late 1999,” the statement said. “Maintaining compliance with all safety and building codes has always been our priority, and there were quarterly inspections of the fire suppression system – the latest as recently as five days prior to the fire.”
But Gouveia said it was also well known, according to her client, that certain safety rules were not followed.
“There was no smoking in the facility. He said the residents, many residents smoked,” Gouveia said. “They were supposedly fined a certain number, if you were caught smoking, because nobody was ever fined.”
Oldrid claims at no time did staff knock on his door or call out his name.
He believes there were only two staff members working on the night of the fire.
Boston 25 has reported 68 residents lived in the home.
Gouveia said her client feels he was given a second chance at life, and he is using this lawsuit to speak out for change.
As a result of the fire, Oldrid has suffered loss of function and his ability to take part in daily activities “has been adversely affected,” the lawsuit states.
He has also incurred hospital and medical bills, according to the lawsuit from Oldrid, who is demanding a trial by jury.
This is a developing story. Check back for updates as more information becomes available.
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